Presentation on theme: "Gov 15.2 Civil Law Disputes between two or more individuals or between government and individuals."— Presentation transcript:
Gov 15.2 Civil Law Disputes between two or more individuals or between government and individuals
Civil Law usually deals with these four areas Contracts Property Family Relations Civil wrongs causing injury (tort)
Contracts A set of voluntary promises, enforceable by law, between two parties who agree to do something. – Expressed contracts-terms specifically stated between the two parties, usually in writing. – Implied contracts-terms are not expressed but are can be inferred from the people involved Contracts are valid if: – Involved are mentally competent individuals – Of legal age – Involve legal activities – Must include offer, acceptance and usually consideration
Contracts continued Offer-Promise that something will, will not happen. Acceptance-agree to accept the promise usually in writing but can be verbal Consideration-both parties will give something for the promise to be completed * Most civil cased involve disagreements between contracts
Property Law Another important type of civil law is the use and ownership of property. There are two types of property: 1. Real Property-land and what ever is attached of growing on it. 2. Personal Property-moveable belongings such as clothes, jewelry, or intangibles like stocks, bonds, copyrights and patents *An important part of Property law is a Mortgage- a loan to pay for house to go on your property
Family Law Family Law is concerned with the following aspects: 1. Marriage-A civil contract 2. Divorce-Terminates the original contracts and allows both parties to remarry 3. Parent-child relationships 4. Custody-protective care or guardianship
Tort Any wrongful act for which the injured party has the right to sue for damages in civil court. – Damages may be physical or to property – Negligence-injury of damage caused by failure to use reasonable care – Punitive Damages-additional money to punish the individual causing the damage – Intentional Tort-a deliberate act that results in harm to a person or property
Terms in civil cases Civil case is called a lawsuit. Plaintiff-person who us bring up charges or complaint. Defendant-person for whom the charge is being brought against. Injunction-a court order to discontinue a practice of a defendant
Hiring a lawyer When hiring a lawyer there are basically two forms to pay for the lawyer: 1. Hourly fee 2. Contingency fee-a percentage of the money won in the lawsuit
Steps in Civil Court Complaint-legal document filed of a complaint in court of jurisdiction Summons-defendant is given an official notive of a lawsuit with date, time and place of appearance. Motion to dismiss-can be filed by the defendants lawyer and is heard by the judge and is denied or granted. Answer-if “motion to dismiss” is denied the defendants must give a response to the charges of the complaint
The Leg Work Discovery-the time period for which both lawyers are gathering information to support there case (can be long, drawn out and expensive). – Examine records – Interview witnesses – Observe photos – File motions
Mediation Resolution without trial A mediator or outside party oversees an open communication between the two parties who explain the views 90% of all cases are solved outside of court.
Trail and Award If all else fails the case goes to court and a decision is rendered either by a judge or jury. If plaintiff wins court awards damages, injunctions or both. If defendants refuses to pay a court order to pay can be issued and property and/or assets seized to pay for damages.
Small Claims Court Deal with smaller cases involving $1000 to $5000 Evidence can be in two forms witness or affidavit or written testament to witnessing. A judges hears a case and renders a decision which is legal and binding.